Common use of Duties and Responsibilities of the Trustee; During Default; Prior to Default Clause in Contracts

Duties and Responsibilities of the Trustee; During Default; Prior to Default. (a) With respect to the Holders of any Series of Securities issued hereunder, the Trustee, prior to the occurrence of an Event of Default with respect to the Securities of a particular Series and after the curing or waiving of all Events of Default which may have occurred with respect to such Series, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default with respect to the Securities of a Series has occurred (which has not been cured or waived) of which a Responsible Officer has actual knowledge, the Trustee shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent Person would exercise or use under the circumstances in the conduct of such Person’s own affairs.

Appears in 4 contracts

Samples: Senior Indenture (Markel Corp), Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD), Senior Indenture (Alterra Finance LLC)

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Duties and Responsibilities of the Trustee; During Default; Prior to Default. (a) With respect to the Holders of any Series series of Securities issued hereunder, the Trustee, prior to the occurrence of an Event of Default with respect to the Securities of a particular Series series and after the curing or waiving of all Events of Default which may have occurred with respect to such Seriesseries, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default with respect to the Securities of a Series series has occurred (which has not been cured or waived) of which a Responsible Officer has actual knowledge), the Trustee shall exercise with respect to such series of Securities such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of such Person’s his or her own affairs.

Appears in 4 contracts

Samples: Senior Indenture (Greenlight Capital Re, Ltd.), Indenture (Greenlight Capital Re, Ltd.), Indenture (Alterra Finance LLC)

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Duties and Responsibilities of the Trustee; During Default; Prior to Default. (a) With respect to the Holders of any Series of Securities issued hereunder, the Trustee, prior to the occurrence of an Event of Default with respect to the Securities of a particular Series and after the curing or waiving of all Events of Default which may have occurred with respect to such Series, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default with respect to the Securities of a Series has occurred (which has not been cured or waived) of which a Responsible Officer has actual knowledge, the Trustee shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of such Personperson’s own affairs.

Appears in 3 contracts

Samples: Indenture (Max Re Capital LTD), Max USA Holdings Ltd., Max USA Holdings Ltd.

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